South Australian Consolidated Acts

COMMUNITY TITLES ACT 1996 - SECT 37

37—Restrictions on the making of by-laws

        (1)         Subject to subsection (2), a by-law cannot—

            (a)         prohibit or restrict the transfer, transmission, leasing (including the granting of a right of occupation) or mortgaging of, or other dealing with, a lot; or

            (b)         impose a monetary obligation on the owner or occupier of a lot except where the by-law provides for the exclusive use of part of the common property; or

            (c)         prevent access by the owner or occupier or other person to a lot; or

            (d)         prevent an occupier of a lot who suffers from a disability from keeping a dog on the lot or restrict the use of a dog by the occupier if the dog is trained to assist the occupier in respect of that disability; or

            (e)         prevent a visitor to the community parcel who suffers from a disability from using a dog trained to assist the visitor in respect of the disability.

        (2)         A by-law may prohibit or restrict the owner of a lot from leasing or granting rights of occupation in respect of the lot for valuable consideration for a period of less than two months.